Apple countersues headphone maker Koss in AirPods patent infringement battle

Apple has countersued Koss Corp., claiming not only that the headphone maker’s claims are baseless, but also that Koss broke a confidentiality agreement with Apple.

Apple asks the court to stop Koss from using any of the discussions included under the confidentiality agreement in any lawsuit, to declare Apple doesn’t infringe on Koss’ patents, and a recovery of “reasonable attorneys’ fees,” among other relief. A trial by jury is demanded.

Malcolm Owen for AppleInsider:

In July, Koss filed in the U.S. District Court in Waco, Texas accusing Apple of infringing several patents it owns relating to wireless earphone technology, and that selling AirPods, AirPods Pro, and Beats by Dre products is a violation. Furthermore, the HomePod and Apple Watch were also targeted under another patent relating to configuring wireless devices to work on a wireless network.

In a new filing with the U.S. District Court for the Northern District of California San Jose Division, Apple one-ups Koss’ five-count lawsuit with one containing six counts. While the first details an alleged breach of contract, the other five each declare Apple didn’t infringe on each of five patents that Koss is using in its own complaint.

It is claimed that Koss sought out Apple for licensing discussions, as well as insisting on a written confidentiality agreement, while Apple requested discussions be made “without restriction.” Apple argues that the agreement protected both sides, as while it stopped Apple from using the contents of discussions against Koss, it also prevented Koss from using Apple’s participation in discussions and sharing of information against it as a “gotcha” for later litigation claims.

“That, however, is exactly what Koss did,” the filing suggests.

MacDailyNews Take: As we wrote last month when Koss sued Apple over headphone patents: Koss executives, “How the heck can we make money?” Koss lawyer, “Hold my beer.”